Merger Notification - Announcement according to § 10 Cartel Act
EPEXSPOT S.E.; ELES, d.o.o., sistemski operater prenosnega elektroenergetskega omrežja; Akcionarsko društvo Elektromreža Srbije (EMS); BSP Energetska Borza d.o.o.; SEEPEX AD Beograd
BWB/Z-6055
On 25.08.2022 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
EPEXSPOT S.E., Paris, France, (“EPEX”), Akcionarsko društvo “Elektromreža Srbije”, Beograd, Serbia, (“EMS”) and ELES, d.o.o., sistemski operater prenosnega elektroenergetskega omrežja, Ljubljana, Slovenia, (“ELES”) intend to establish a joint venture, ADEX SKUPINA holding družba d.o.o., with seat in Ljubljana, Slovenia (“ADEX”) in which they ultimately shall each hold one third of the shares. Previously, EPEX shall transfer 75% and EMS shall transfer 25% of the shares in SEEPEX AD Beograd, Beograd, Serbia (“SEEPEX”) to ADEX. ELES shall transfer 100% of the shares in BSP Energetska Borza d. o. o., Ljubljana, Slovenia (“BSP”) to ADEX. Beforehand, ELES shall acquire 50% of the shares in BSP from Borzen, operater trga z elektriko, d. o. o., Ljubljana, Slovenia (“Borzen”). EPEX is the operator of an electricity exchange in France. EMS is the Serbian transmission system operator. ELES is the Slovenian transmission system operator. SEEPEX operates the Serbian electricity exchange. BSP operates the Slovenian electricity exchange. The purpose of the proposed concentration is to integrate the activities of SEEPEX and BSP under the umbrella of ADEX in order to establish a power exchange for Central and Southeastern Europe and to connect the Serbian day-ahead market with the pan-European Single Day-Ahead Coupling (SDAC).
Industry sector: D - Energieversorgung
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 06.10.2022.
Entrepreneurs whose legal or economic interests are affected by the merger can bring in a written statement at the Federal Competition Authority or the Federal Cartel Prosecutor within 14 days from publication date.
Note: The intervening party has no right to a certain treatment of the statement and will not gain a party position.
Non-prohibition of the merger
The Federal Competition Authority and the Federal Cartel Prosecutor have not applied for examination of the merger by the Cartel Court. The standstill obligation (§ 17 (1) Cartel Act) ends with effect from 07.10.2022 .